STATE OF GUJARAT Vs. NARENDRA K AMIN

JUDGEMENT

(1.) IN this application, which is preferred by the State of Gujarat under Section 439(2) of the Code of Criminal Procedure Code, 1973, learned Judge (Coram : D.H.Waghela, J.) vide order dated 29.10.2007 issued Rule making it returnable on 2nd November, 2007. On 18th December, 2007 this matter was listed for hearing and at that time order dated 12.12.2007 passed by the apex court in Contempt Petition (Cri.) No.8 of 2007 in Writ Petition (Cri.) No.6 of 2007 was brought to the notice of this Court by the learned counsel appearing for the parties where reference was made to Criminal Misc. Application Nos.12646 of 2007 and 12644 of 2007 pending before this Court. Accordingly, on 18th December, 2007, oral order came to be passed in this matter by this Court by directing the Registry to list both the Criminal Misc. Application Nos.12644 of 2007 and 12646 of 2007 on board for hearing on 20th December, 2007.

(2.) THIS application under Section 439(2) of the Code of Criminal Procedure, 1973 is filed by the State of Gujarat through the Investigating Officer, C.I.D. (Crime), Gandhinagar for cancellation of bail granted to respondent vide order dated 5.10.2007 passed by the learned Additional City and Sessions Judge, Ahmedabad in Criminal Misc. Application No.2359 of 2007 qua FIR being CR No.I 5 of 2005 registered with ATS Police Station for the offences punishable under Sections 302, 365, 368, 193, 197, 120B, 201, 34 of the Indian Penal Code.

(3.) THIS application for cancellation of bail has genesis in one FIR being CR No.I 5 of 2005 filed by one Abdul Rehman, a Police Officer, who was a member of the Special Investigating Party formed at Udaipur, Rajasthan to investigate into various offences registered against one Sohrabuddin. As per the above FIR, one Sohrabuddin, son of Anwaruddin Shaikh, resident of Zaraniya, Nagda, Madhya Pradesh, who was accused of offences punishable under Sections 120(b), 121, 121 -A, 122, 123, 307, 186, 224 of the Indian Penal Code, under Sections 25(1)(b) and Section 27A of the Arms Act and under Section 135(1) of the Bombay Police Act. In the above FIR it is alleged that the above accused (Sohrabuddin) was acting at the behest of ISI to spread the terror and to disturb the unity and integrity of the country and also entered into conspiracy by possessing arms and ammunition so as to kill one of the big leaders of the State of Gujarat and when asked to surrender by the police party, fired from his revolver and attempted to kill them.